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Jo C., Barrister

Category: Law

Satisfied Customers: 69371

Experience: Over 5 years in practice

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Hi In dispute with a client regarding the portability of

Customer Question

HiIn dispute with a client regarding the portability of a log cabin supplied to themClient has taken the case to court and on a prelimery case meeting the district judge has issued certain requirements that both of us have to meetHowever one of the orders is that we have permission to instruct a joint expert RICs surveyor to prepare a report or if not able to agree on a single expert appoint our ownAs to employ such is going to run into the region of about £6000 of which we can ill afford Could you please advise is this request is a requirement that we have to fulfil or something we can choose not to do and proceed to defend our case with the reports & information we already have gatheredMany thanksChris

We where consequently advised that they had several issues, with the main one being that the plumbing system had leaks

Although the reason for this problem occurring was that, despite numerous request, they refused to supply us with an external water connection order for us to test system before we left

However we agreed to return to carry out any repairs required + go through a snagging list they had compiled

There response was that they now required detailed calculations etc as they had been advised the cabin should have built to comply with bld regulations

We subsequently advised that the cabin was purchased & supplied as a mobile cabin & therefore came under the caravan regulations so did not require to comply with bld regulations

There response to this was that they did not want us to return to carry out any remedial work as it would be pointless as they were now rejecting the cabin on the grounds that they consider it to be non mobile and therefore required the cabin to be removed & a full refund or they would issue a court summons to recover such

Which is where we find ourselves at present?

As we already have a report previously obtained from a structural engineer confirming in his opinion the cabin is indeed portable + photos of similar actually being moved via a crane we do not feel the need to obtain further report which will eventually cost in the region of £4000-£6000, funds that we do not have

We therefore need to know is the paragraph below a mandatory request that we have to instruct an expert RICs or something we can choose not to do if we so wish

This might be the point you are making but if you built it to their specification and their specification was for it to be mobile, how can they now say that it isn’t mobile?

Just because it has to be lifted by a crane does not mean that it’s not mobile. Portakabins and shipping containers have to be lifted by a crane but nonetheless, they are mobile.

Who told them that it must comply with building regulations?

Do you have something from a survey which says that it does not?

How much is it cost?

Apart from the leak which you would have found had you pressure tested, what other issues are there with it?

Your question seems to hinge around whether you have to actually instruct an expert. Not at all. There is no requirement for you to have expert evidence. What you have is an order that allows you to get it. If it said that you must get the necessary evidence, that is a different issue.

However it is always advisable to get the best expert evidence that you can.

Unfortunately, for some reason, I cannot open the link although I can tell you that the wording of the order is quite normal.

That appears to answer your question.

Can I clarify anything else for you.

If so, I’m probably going to need the rest of the information that I’ve asked for. Thanks

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